| 48 |
Is the public procurement process effective? |
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48a:
In law, there are regulations addressing conflicts of interest for public procurement officials.
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| Score: |
YES |
NO |
 |
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Comments:
References: The Law on Procurement of The Republic of Armenia www.arlis.am www.parliament.am
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48b:
In law, there is mandatory professional training for public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia, Article 16, 2g www.arlis.am
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48c:
In practice, the conflicts of interest regulations for public procurement officials are enforced.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (August 13, 2007) Media observation
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48d:
In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: There are no mandates or mechanisms.
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48e:
In law, major procurements require competitive bidding.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia, Section 3, Article 17 www.arlis.am
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48f:
In law, strict formal requirements limit the extent of sole sourcing.
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| Score: |
YES |
NO |
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Comments:
References: There are no prohibitions fixed in law.
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48g:
In law, unsuccessful bidders can instigate an official review of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia, Section 7 www.arlis.am
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48h:
In law, unsuccessful bidders can challenge procurement decisions in a court of law.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia, Section 7 www.arlis.am
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48i:
In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Government Purchase www.arlis.am
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48j:
In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments: The Law on Procurement in Armenia is ineffective because, in reality, companies with a record of previous of major violations of procurement regulations are not prohibited from participating in future procurement bids.
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (August 13, 2007) Media observations
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| 49 |
Can citizens access the public procurement process? |
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49a:
In law, citizens can access public procurement regulations.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia www.arlis.am www.parliament.am
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49b:
In law, the government is required to publicly announce the results of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: The Law on Procurement of the Republic of Armenia, Artice 37 www.arlis.am
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49c:
In practice, citizens can access public procurement regulations within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The records are available, however, some delays take place.
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation
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49d:
In practice, citizens can access public procurement regulations at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: In reality, citizens can access public-procurement regulations free of charge or for cost of photocopying. The problem is these regulations are often not publicized.
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation
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49e:
In practice, major public procurements are effectively advertised.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no process of advertising major public procurements. Often they are published in local newspapers in very small letters as to not attract attention.
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (August 13, 2007) Media observation
Peer Review Comments: The advertisement page of Hajastani Hanrapetutiun, a national newspaper, frequently contains ads about major procurement. However, the advertisements may be published at shorter notice sometimes.
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49f:
In practice, citizens can access the results of major public procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Although the Law on Freedom of Information guarantees to citizens access to the results of major public procurement bids, it is hard to get them through an official process.
References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (August 13, 2007) Media observation
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